Criminalization of Marital Rape
Issues Involved
- Violation of the Right to Live with Human Dignity: Marital rape infringes on a woman's or wife's right to live a dignified life. Under Article 21 of the Indian Constitution, the right to life (a Fundamental Right) includes the right to live with dignity.
- Infringement of the Right to Sexual Privacy: The Indian Constitution does not clearly address the right to privacy. The Supreme Court, on the other hand, believes that under the scope of Article 21, a right to privacy is inherently protected. The Supreme Court ruled in the case of the State of Maharashtra vs. Madhukar ....
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